State v. Eastwood

Andrews, Presiding Judge.

Cherlyn Eastwood pled guilty and was sentenced on October 28, 1998, on two counts of committing sodomy in violation of OCGA § 16-6-2. After Eastwood moved for reconsideration of the sentences on November 25, 1998, the trial court granted the motion, vacated the sodomy sentences, and declared the sodomy convictions void in light of the Supreme Court of Georgia’s November 23, 1998 decision in Powell v. State, 270 Ga. 327 (510 SE2d 18) (1998), which struck down OCGA § 16-6-2 as unconstitutional insofar as it applied to private, unforced, noncommercial acts of sodomy…